Nemi Kumar @ Bapu Bhai vs State of Rajasthan

Rajendra Saxena, J.—Notice was given to the learned Pubic Prosecutor, who has accepted the same.

Heard.

This petition has been filed u/s 482 Cr. P.C. for quashing the F.I.R. No. 298/91, Police Station, Lohariya, District-Banswara, whereby a case has been registered against the accused petitioner for the offences Under Sections 363,366 & 376 I.P.C. and Under Sections 3(xi) & (xii) of the Scheduled caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.

The contention of Shri J.P. Joshi, the learned Counsel for the petitioner, is that the report in this case was lodged by prosecutrix Indira after about two months or the alleged occurrence, that the petitioner-accused had been `Pancha'' & Sarpanch'' of Gram Panchayat, Basiada from the year 1982 to 1991, that the brother of the prosecutrix bears animosity with the petitioner and as such a false case has been foisted against him. He has further submitted that, no ingredients of offence u/s 3(xi) & (xii) Scheduled Caste & Scheduled Tribe (prevention of Atrocities) Act find mention in the F.I.R. and as such the same should be quashed.

Suffice it to say that the case was registered against the accused-petitioner in the police station on 1.11.1991. Thereafter since a writ petition challenging the constitutional validity of certain provisions of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act was filed in this Court, the investigation in this case was stayed. This Court held that the provisions of Section 3 of the said Act are not ultravires of Constitution. Hence the investigation in the case was resumed thereafter. Therefore the delay in investigation is not fatal. The investigation is exclusively the domain of the State Government through the agency of police, wherein this court generally does not interfere. It is only on rare and exceptional cases, where the F.I.R. does not disclose any ingredients of the offence alleged, that the court invokes its inherent power u/s 482 Cr. P.C. In the instant case the prosecutrix is ''Bhil'' by caste, as such she is member of Scheduled Tribe. A bare perusal of FIR discloses that all ingredients of the offence of rape find mention therein and prima facie offences u/s 376 1.P.C. 81 u/s 3(xi) & (xii) of the Scheduled Caste 81 Scheduled Tribe (Prevention of Atrocities) Act appear to have been made out against the petitioner.

Therefore, in such circumstances, at this stage the F.I.R. does not appear to be groundless. It also does not tantamount to abuse of process of court, nor it is necessary to quash the same to secure the needs of justice. Hence, it is not at all a fit case, wherein the inherent power of this court should be invoked. Accordingly this petition is meritless, which deserves to be dismissed. However, the petitioner should surrender himself before the learned Sessions Judge Banswara on or before 22nd August, 1994 and if he submits his bail application, then the same shall be decided by the learned Sessions Judge on the same day. Meanwhile, the petitioner shall not be arrested for the offence u/s 3(xi) & (xii) of the scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act.

With these observations, this petition stands dismissed.